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14 December 2012Book page
Bringing them Home - Chapter 9
In 1863 the area now known as the Northern Territory came under the control of South Australia. By 1903 the whole area was leased to non-Indigenous people. As there were few non-Indigenous women, relationships between the Indigenous women and non-Indigenous men were relatively common. The consequence was a growing population of children of mixed descent who were usually cared for by their mothers… -
Legal
14 December 2012WebpageCommission submissions: Sakhi
1. The Human Rights and Equal Opportunity Commission (“the Commission”) seeks the leave of the Court to intervene to make submissions in this case. -
14 December 2012Book page
HREOC Report No. 21
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission (the Commission) following an inquiry conducted by the Commission.[1] The inquiry related to a complaint by Amnesty International Australia (Amnesty) against the Commonwealth of Australia (the Commonwealth), Department of Immigration, Multicultural and Indigenous Affairs (the… -
Legal
14 December 2012Webpage
Australian Human Rights Commission Submission to the Joint Select Committee on Australia’s Immigration Detention Network (2011)
The Australian Government should implement reforms it announced in 2008 under which immigration detention is to be used as a last resort and for the shortest practicable period, people are to be detained in the least restrictive environment appropriate to their individual circumstances, and there is a presumption that people will be permitted to reside in the community unless they pose an… -
29 January 2015Book page
1 Introduction
1.1 A snapshot of children in detention 1.2 Australian law and the detention of children 1.3 Does the Government owe a duty of care to children in detention? 1.4 International law and the detention of children My hope finished now. I don’t have any hope. I feel I will die in detention. (Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014) Drawing by… -
Asylum Seekers and Refugees
8 July 2013WebpageTransfer of asylum seekers to third countries page
back to immigration detention, asylum seekers and refugees In August 2012 the Australian Government introduced a third country processing regime for asylum seekers who come to Australia by boat, without a valid visa. There are many aspects of this regime which may lead to breaches of Australia’s human rights obligations. On this page: • What is the third country processing regime? • What is… -
Asylum Seekers and Refugees
30 March 2017Publication
Asylum Seekers, Refugees and Human Rights: Snapshot Report (2nd Edition) 2017
The second edition of this Report provides an update on legal and policy developments related to refugees and people seeking asylum in Australia since 2013. The Report is not intended to address all the issues facing refugees and people seeking asylum in Australia. Instead, it focuses on developments which place Australia at risk of breaching its international human rights obligations -
Legal
14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
Supplementary Submission by the Human Rights and Equal Opportunity Commission to the Inquiry into the Provisions of the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 -
14 December 2012Book page
A last resort? Biographies
Media Pack Homepage Statements by Dr Sev Ozdowski, Human Rights Commissioner (Audio Files for Download) Inquiry Commissioner and Assistants Biographies About the Inquiry Inquiry Methodology Terms of Reference Useful Links and Resources -
10 April 2015Book page
Appendix 2: Implementation status of UPR recommendations
No Recommendation Response Implementation 1-4, 6 Ratify the OPCAT (Republic of Moldova, Azerbaijan, Maldives, New Zealand, Denmark) Accepted Not implemented 3-5 Establish a National Preventative Mechanism (Maldives, New Zealand, Mexico) Accepted Not implemented 7 Accede to the remaining core human rights instruments to which it is yet to become a party (Thailand) Accepted-in-part Not… -
14 December 2012Book page
Report No. 41: El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use… -
Legal
14 December 2012Webpage
Citizenship Bill 2005
1. The Human Rights and Equal Opportunity Commission ('the Commission') has been invited by the Senate Legal and Constitutional Legislation Committee ('the Committee') to make submissions on the Australian Citizenship Bill ('the Bill'), which is intended to replace the Australian Citizenship Act 1948 (Cth) (the 'Citizenship Act') -
Legal
14 December 2012Webpage
Letter to the Committee against Torture regarding issues for Australia (2010)
Thank you for giving the Australian Human Rights Commission (the Commission) the opportunity to provide information to the Committee Against Torture (the Committee) that is relevant to the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) in Australia. -
Asylum Seekers and Refugees
26 June 2013Publication
Tell Me About: The ‘Enhanced Screening Process’
Learn about the 'enhanced screening process' and how it's applied to unauthorised maritime arrivals to see if their claims will inhibit their removal. -
24 April 2015Book page
3 Promotion and protection of human rights on the ground
3.1 Equality before the law and non-discrimination (a) Aboriginal and Torres Strait Islander peoples The UN Declaration on the Rights of Indigenous Peoples has yet to be implemented in law, policy and practice. [12] Recommendation: The Commission recommends that Government develop, in partnership with Aboriginal and Torres Strait Islander peoples, a National Strategy to give effect to the -
Legal
6 February 2014Publication
Casenote: Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship [2013] HCA 53
The High Court found that the Department of Immigration acted on the basis of an error of law when it refused to refer the plaintiff’s case to the Minister for Immigration for consideration of whether to allow her to make a protection visa application. -
Asylum Seekers and Refugees
31 January 2014Webpage
Information about children in immigration detention
Learn about the impact of mandatory immigration detention on children in regard to Australia's obligations under the Convention on the Rights of the Child. -
14 December 2012Book page
DIAC Response to the 2010 Australian Human Rights Commission Report on Immigration Detention in Darwin (2010)
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (the AHRC) 2010 Public Statement on Immigration Detention in Darwin. -
Legal
14 December 2012Webpage
Submission to the Senate Legal and Constitutional Legislation Committee
1.1 Wide-ranging amendments to the structure and functions of the Human Rights and Equal Opportunity Commission ("the Commission") are proposed by the Australian Human Rights Commission Legislation Bill 2003 (Cth) ("AHRC Bill"). -
14 December 2012Book page
Bringing them home 8. History - New South Wales and the Australian Capital Territory
Note: This overview is based primarily on the Bringing them home report and provides a background to the policies and practices that authorised the removal of Aboriginal and Torres Strait Islander children from their families. It is not intended to be used as a comprehensive historical document.